Merger Effective Time. At the Closing, Acquirer shall duly execute and file a certificate of merger with the Secretary of State of the State of Delaware with respect to the Merger (the “Certificate of Merger”) in accordance with the applicable provisions of the DGCL and all other filings or recording required thereby to effect such merger. The Merger shall become effective at such time (the “Effective Time”) as the Certificate of Merger is filed with the DGCL (or at such later time as the Target Company and Acquirer mutually agree and specify in the Certificate of Merger pursuant to and in accordance with the DGCL).
Appears in 2 contracts
Sources: Merger Agreement (Isoray, Inc.), Merger Agreement (Isoray, Inc.)
Merger Effective Time. At Subject to the provisions of this Agreement, at the Closing, Acquirer the Company shall duly execute and file a certificate of merger in the form attached hereto as Exhibit L with the Secretary of State of the State of Delaware Delaware, executed in accordance with respect to the Merger relevant provisions of the DGCL (the “Certificate of Merger”) in accordance with the applicable provisions of the DGCL and all other filings or recording required thereby to effect such merger). The Merger shall become effective at such time (upon the “Effective Time”) as filing of the Certificate of Merger is filed with the DGCL (or at such later time as is agreed to by the Target Company parties and Acquirer mutually agree and specify specified in the Certificate of Merger pursuant (the time at which the Merger becomes effective is herein referred to and in accordance with as the DGCL“Effective Time”).
Appears in 2 contracts
Sources: Merger Agreement (Gemini Therapeutics, Inc. /DE), Merger Agreement (FS Development Corp.)
Merger Effective Time. At Subject to the provisions of this Agreement, at the Closing, Acquirer the Company shall duly execute and file a certificate of merger with the Secretary of State of the State of Delaware Delaware, executed in accordance with respect to the Merger relevant provisions of the DGCL (the “Certificate of Merger”) in accordance with the applicable provisions of the DGCL and all other filings or recording required thereby to effect such merger). The Merger shall become effective at such time (upon the “Effective Time”) as filing of the Certificate of Merger is filed with the DGCL (or at such later time as is agreed to by the Target Company parties and Acquirer mutually agree and specify specified in the Certificate of Merger pursuant (the time at which the Merger becomes effective is herein referred to and in accordance with as the DGCL“Effective Time”).
Appears in 1 contract
Sources: Merger Agreement (Pine Technology Acquisition Corp.)
Merger Effective Time. At the Closing, Acquirer the Company and Merger Sub shall duly execute and file with the Delaware Secretary of State a certificate of merger with substantially in the Secretary of State of the State of Delaware with respect form attached to the Merger this Agreement as Exhibit D (the “Certificate of Merger”) in accordance with the applicable provisions of the DGCL and all other filings or recording required thereby to effect such mergerDGCL. The Merger shall become effective at such the time (the “Effective Time”) as the Certificate of Merger is filed with accepted for filing by the DGCL (Delaware Secretary of State or at such later time as may be mutually agreed by the Target Company and Acquirer mutually agree Acquiror and specify specified in the Certificate of Merger. The time at which the Merger pursuant actually becomes effective is referred to and in accordance with herein as the DGCL)“Merger Effective Time.”
Appears in 1 contract
Sources: Merger Agreement (B. Riley Principal 150 Merger Corp.)